The Central Bureau of Investigation is likely to formally register its objection to the Union Home Ministry’s demand to furnish the Ishrat Jahan “fake encounter’ case diary to decide whether the sanction for prosecution of four intelligence officials can be granted.
“We had never encountered such a situation in the past and this is for the first time that the MHA has asked for a case file, which can only be produced before the court concerned as per rules. We have already supplied all the necessary material, including the evidence against the officials of their alleged role in the fake encounter,” said a senior CBI official.
The CBI has sought sanction for prosecution of former Special Director, Intelligence Bureau, Rajendra Kumar and three other intelligence officials for their purported involvement in the conspiracy behind the “murder” of Ishrat Jahan and three others by the Gujarat Police Crime Branch in 2004.
The agency has already filed the first charge sheet against the accused Gujarat Police officers for their direct role in the “fake encounter”.
The CBI may encounter a similar problem in the Sadiq Jamal “fake encounter” case in which the agency would soon approach the MHA seeking sanction to prosecute two former Intelligence Bureau officials.